No. 21-195

Belmora LLC, et al. v. Bayer Consumer Care AG, et al.

Lower Court: Fourth Circuit
Docketed: 2021-08-11
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: false-advertising false-association lanham-act statute-of-limitations trademark-registration trademark-territoriality
Latest Conference: 2021-11-12
Question Presented (from Petition)

1. Whether, in view of the principle of trademark territoriality, the zone of interests encompassed by Lanham Act §§ 43(a) and 14(3) extends to the foreign owner of a foreign trademark that has not registered or used the mark in the United States.

2. Whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a § 43(a) suit for false association and false advertising is governed by the most analogous state-law statute of limitations, or instead, by laches.

Question Presented (AI Summary)

Whether the Lanham Act's zone of interests extends to the foreign owner of a foreign trademark that has not registered or used the mark in the United States

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-26
Reply of petitioners Belmora LLC, et al. filed. (Distributed)
2021-10-12
Brief of respondents Bayer Consumer Care AG, et al. in opposition filed.
2021-09-10
Brief amicus curiae of National Hispanic Medical Association filed.
2021-08-24
Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021. See Rule 30.1.
2021-08-23
Motion to extend the time to file a response from September 10, 2021 to October 11, 2021, submitted to The Clerk.
2021-08-09
Petition for a writ of certiorari filed. (Response due September 10, 2021)

Attorneys

Bayer Consumer Care AG, et al.
Lisa Schiavo BlattWilliams & Connolly LLP, Respondent
Belmora LLC, et al.
Lawrence S. EbnerCapital Appellate Advocacy PLLC, Petitioner
National Hispanic Medical Association
Bruce L. CampbellMiller Nash LLP, Amicus